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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a potential father to a child born last month. We took

Customer Question

Hi I am a potential father to a child born last month. We took a non invasive test back in March and it said I was not the father. However now I have a lawyer wanting my consent for adoption. Why would they need my consent if it's not my child? Also if it is my child, I would like to raise it.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

It sounds like you are the presumed father. If so, then a couple would still need a "release" from you to adopt, so that someone in your situation does not attempt to challenge the adoption later.

The putative father registry does not establish paternity per se. It is meant only to notify putative fathers in the event court proceedings for adoption or termination of paternal rights are even begun.

If someone in your situation does not want the child, then they can sign away the adoption and forget about the situation.

If someone in your situation does want the child, they would refuse the adoption papers, and would instead file for custody/visitation with the Court.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
Can I ask the lawyer to do paternity test so that I can have peace of mind that it is not my child. I dont want to miss out on raising my child because I didn't do the right thing/ was too quick to sign papers.
Expert:  Ely replied 1 year ago.

You can. However, understand that any DNA test that is not court ordered is not "binding" as in it is not recognized by the Court. (But if the parties are in agreement about it, then I guess there is no need for a court order for a DNA test.) If the attorney/party refuses, then one can file in Court for a court-ordered DNA test to confirm/void the paternity.

So the answer is yes, this is doable either voluntarily or via a court order.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
How much time would I have to ask for the DNA test since I am supposed to register by the 11th if I am to be notified of adoption any further?
Expert:  Ely replied 1 year ago.

There is no statute of limitations meaning one can file until the child becomes 18.

However, if the adoption papers are signed, then one would lose that right, as the adoption papers would sever any paternal right (established or not).

So one has to figure out whether or not one wants to be in this child's life before making the decision on whether or not to sign those adoption papers.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Would I need a lawyer to get a DNA test if they do not agree to have one done?
Expert:  Ely replied 1 year ago.

Yes and no.

If they decline a DNA test, then one can go to Court to ask for one as part of a paternity suit. However, filing the pleadings without an attorney and self-representation can get complicated and one can end up hurting one's case more than helping it. So in this case, an attorney would be recommended, although not mandatory.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Now since the adoptive parents already have the little girl. How do I contact them to do a DNA test since the lawyer that has contacted me represents the mother?
Expert:  Ely replied 1 year ago.

Just a phone call or a letter will do. Since the DNA test request is informal at this stage, there is no established/mandatory way.

If they refuse, one has to go through the court which means filing a complicated pleading.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

Customer: replied 1 year ago.
Last question how much time do I have to sign up on Virginias putative father registry and if I went over the dead line is it too late?
Expert:  Ely replied 1 year ago.

I believe until the child is adopted or turn 18. However, one may wish to do this sooner rather than later.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.